The Selectmen shall have the following powers and duties to
be exercised only upon written appeal by a party aggrieved by a decision
of the Director of Public Works, Plumbing Inspector and/or Town Health
Officer, insofar as such decision arises from requirements of this
chapter:
A. To determine whether the decisions of these authorities are in conformity
with the provisions of this chapter, and to interpret the meaning
of this chapter in a case of uncertainty.
B. To grant variances from the terms of this chapter where there is
no substantial departure from the intent of this chapter and where
necessary to avoid undue hardship. A projected expenditure of an amount
exceeding 15% of the assessed value of the buildings on the land to
be served by the public sewer shall be considered as prima facie evidence
of undue hardship.
C. To permit an exception to this chapter only when the terms of the
exception have been specifically set forth in this chapter.
The procedure for instituting an appeal shall be as follows:
A. Any person, including any municipal department head, aggrieved by
a decision of the Director of Public Works, the Town Health Officer,
and/or the Plumbing Inspector, which decision arises from interpretation
or application of this chapter, may appeal such decision to the Selectmen.
B. Any such appeal must be filed with the Town Clerk within 30 days
of the date of the decision of the Director of Public Works, Health
Officer, and/or Plumbing Inspector. Said appeal shall be filed upon
forms to be approved by the Selectmen. The appellant shall set forth
the grounds for appeal and shall refer to the specific provision of
this chapter involved. Following the receipt of any appeal, the Town
Clerk shall notify forthwith the employee or officer concerned and
the Chair of the Board of Selectmen. The appellant shall pay to the
Town Treasurer a fee as set by the Board of Selectmen, plus the cost
of advertising and mailing notices. The appellant shall supply the
names and addresses of all the property owners that have property
within 200 feet of the property that the appeal is for.
C. An aggrieved party may appeal any decision of the Selectmen to Superior
Court as provided by the laws of the State of Maine.
After a decision on an appeal has been made by the Selectmen,
a new appeal of similar import shall not be entertained by the Selectmen
until one year shall have elapsed from the date of said decision,
except that the Selectmen may entertain a new appeal if the Chair
determines that, owing to a mistake of law or misunderstanding of
fact, an injustice was done, or if the Chair determines that a change
has taken place in some essential aspect of the appeal.